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NECK INJURY LAW FAQ
What is whiplash?
Why is whiplash so common in car
accidents?
What are the symptoms of a whiplash
injury?
I was in a car accident this morning,
but I don’t have any discomfort. Can I assume I don’t have
whiplash?
If whiplash is usually only an injury to
the soft tissues, why is my doctor taking an x-ray?
How long will my symptoms last?
Can I do anything to prevent this type
of injury?
What should I do immediately following a car
accident?
Who is liable for paying for my physical injuries
as well as any personal property damage?
Who is responsible for an accident involving my
vehicle and a city street pothole?
Should I take the settlement my insurance company
is offering me?
What issues will I face in making a claim for my
injuries sustained in an auto accident?
What if I cannot afford to pay my medical
bills?
When will my personal injury claim be
resolved?
What is a permanent injury?
Am I at fault if I rear-end another
vehicle?
I did not feel pain at the scene and refused
medical treatment. Now, a few days later I am in pain. What
should I do?
What is whiplash?
Whiplash refers to an injury to the neck, head and shoulders
after being subjected to a snapping motion, either forward and
back or side to side. These neck injuries are frequently
caused by traffic accidents.
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Why is
whiplash so common in car accidents?
The main reason is that a vehicle headrest on the back of a
seat limits the range of extension in your neck.
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What are the
symptoms of a whiplash injury?
The initial symptom is pain and soreness in the neck area.
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I was in a car
accident this morning, but I don’t have any discomfort. Can I
assume I don’t have whiplash?
No, because immediately after a whiplash accident victims are
often unaware that they have been injured. You may be
experiencing only slight discomfort and/or stiffness in your
neck. Whiplash usually doesn’t become apparent for at least 12
to 24 hours after the accident.
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If whiplash is
usually only an injury to the soft tissues, why is my doctor
taking an x-ray?
This is done to rule out more serious spinal injuries.
Injuries such as whiplash are not usually seen on an x-ray.
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How long will
my symptoms last?
They should subside within 2-4 weeks. If yours persists,
consult your physician for further evaluation.
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Can I do
anything to prevent this type of injury?
It is not completely avoidable, but checking your head
restraint is a good precautionary measure. Head restraints
should be high enough so that they're directly behind and very
close to the back of your head. Some vehicles have headrests
that are very low and this could make you susceptible to this
type of injury.
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What
should I do immediately following a car
accident?
If
you are not severely injured, collect all pertinent
information from the other drivers - driver’s license
numbers, address, telephone numbers, insurance card
information, etc. Keep a daily journal beginning with
the date
of the accident to document all physical and mental injuries,
as well as document your view of the accident.
Notify the arriving Massachusetts police officer of the
events of the accident that you can recall.
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Who is
liable for paying for my physical injuries as well as any
personal property damage?
Under
Massachusetts’s law, the driver(s) who caused the
accident’s liability insurance pays for your car damage and
personal injuries. If you are at fault for the accident, your
liability insurance will pay the other driver(s) for property
damage and personal injuries up to your policy's limits.
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Who is
responsible for an accident involving my vehicle and a
city
street pothole?
Responsibility
for damage caused by improper maintenance or repair
of
Massachusetts’s roads and highways generally lies with the
government agency responsible for the upkeep of such roadways.
If it were a pothole on a city street, the city would be
responsible, etc.
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Should
I take the settlement my insurance company is offering
me?
You
should not take any settlements offered by an insurance
company without first speaking with an experienced
Massachusetts auto accident lawyer. Insurance companies
typically offer a minimal amount of money in return for your
signature stating that you will not sue them. Never take an
insurance check without first consulting an attorney.
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What
issues will I face in making a claim for my injuries
sustained
in an auto accident?
The
three categories of issues that typically arise in a tort
claim after an automobile accident are:
• Liability – who is at fault and to what degree
• Damages – injuries or losses that were caused by the
accident
• Insurance Coverage – what the insurance company will pay
for after an accident
A claim for injuries usually is based upon carelessness or
negligence. In worse case scenarios, it involves an
intentional or reckless act.
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What if
I cannot afford to pay my medical bills?
If
you suffer injuries from a car accident, you will likely have
medical bills from physicians, hospitals, physical therapists,
and other health care providers. Under Massachusetts’s law,
you are primarily responsible for paying your bills,
regardless of the cause of your injuries. The at-fault
person's liability insurance carrier is responsible
for paying
you reasonable compensation for damages incurred, which
includes medical bills, but the insurance carrier is not
responsible for paying your doctors, hospitals, and other
providers. Sometimes the amount the insurance company is
willing to pay is far less than the actual amount you owe.
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When
will my personal injury claim be resolved?
Personal
injury claims can be resolved in a matter of a few weeks or
months. However, they can take up to several years depending
on the complexity of the case. It is best to speak with an
experienced Massachusetts personal injury attorney about your
specific case.
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What
is a permanent injury?
A
permanent injury is an injury that will be with you for the
rest of your life or for some period beyond the settlement of
the claim. In most cases, the injured party is entitled to
compensation from the at-fault party or their insurance
company for all medical bills incurred to date and into the
future for all injuries caused by the accident.
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Am I at
fault if I rear-end another vehicle?
Usually,
yes. Massachusetts’s law states that you must maintain a
safe distance to be able to stop safely if a car stops in
front of you.
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I did
not feel pain at the scene and refused medical treatment.
Now,
a few days later I am in pain. What should I do?
You
should immediately consult your medical provider regarding any
pain, discomfort or possible injuries from a car accident,
even if you think they may be only minor injuries. Even if you
did not complain of injuries at the scene of the car accident,
you may be entitled to payment of your medical bills,
compensation for pain and suffering, lost wages, loss of
earnings capacity, and emotional distress due to personal
injuries. You should consult an experienced Massachusetts
car
accident attorney to discuss whether you need representation
on your claim.
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